Ugandan plan would punish media for ‘economic sabotage’

Uganda’s anti-homosexuality
bill has received considerable international
attention, particularly concerning its harsh
criminal sanctions, but another piece of repressive legislation threatens
to criminalize the activities of another maligned
group: the vibrant independent press in this East African nation
at the confluence of Africa’s largest lake (Victoria) and the world’s longest
river (Nile).

Uganda is not above putting restrictions
on journalists and politicians deemed as opposing President
Yoweri Museveni, the former guerilla leader who has ruled the country since
1986. The police here have a special “media crimes” division. One journalist, Andrew Mwenda, is battling more
than 20 separate criminal cases alleging libel, sectarianism, and sedition for
his reporting. Under the Ugandan 2002 Anti-Terrorism Act,
journalists risk lengthy prison sentences or death while reporting on the
activities of groups the government deems “terrorists.”

Now,
it appears the government wants to go much further, at least judging by a leaked
copy of cabinet-approved principles for a bill amending the 1995 Press and
Journalist Act.

The
proposal would introduce new licensing conditions for newspapers, invigorate
the rather moribund Media Council,
and empower the council to punish media outlets. Especially disturbing is
section 5.1.8, which aims:

To
amend the existing Act to create offences and penalties against media houses
that publish material prejudicial to national security, stability, and unity,
or utterances that are injurious to Uganda’s relations with her neighbors or
friendly countries or utterance and publish materials that tantamount to [sic] economic sabotage.
[Bold in the original]

In
an interview in January, Minister of Information and National Guidance
Kabakumba Masiko told me the bill aims to ensure that journalists are penalized
if they “are going to injure or give information that will cause instability
that will affect our economy.”

Fears
of “economic sabotage” by the media are nothing new in Uganda. In a June 2008 parliamentary
session, Museveni brandished a copy of a 2005 article from Uganda’s leading
independent newspaper, Monitor, which alleged the government
wanted to “sell” the state-owned Dairy Corporation Ltd. to a Thai investor for a nominal fee. "What right do such saboteurs have to sabotage our
investment? What right do you have to damage our future?" he asked. The newfound
focus on economic interests now likely refers to Uganda’s nascent oil wealth. With
the recent discovery
of oil in the western part of the country, the proposed law would likely seek
to control media-stoked controversy over the contentious and secretive oil
deals being made.

Some
independent journalists scrutinizing the government and oil multinationals over
their Production Sharing Agreements (PSA) are already facing problems. Monitor reporter Richard Wanambwa said
he received death threats over a
January 3 article that cited a
leaked report on alleged oil deal irregularities. In February, a magistrate
dismissed a freedom
of information petition on oil deals that was filed by Monitor journalists Angelo Izama
and Charles Mpagi. The same day, another magistrate from another court handed
Izama and another Monitor journalist criminal libel charges over
a December 19 opinion column
critical of the president.

In
a country where much of the national budget comes from foreign aid, donor
criticism over Museveni’s handling of the media has put the state in a
difficult bind: How does it to maintain the illusion of a press that is wholly
free while ensuring that underlying regime and economic interests are secured? The
government’s stance appears to be one of freedom for the media in exchange for
their implicit collaboration. Minister Masiko echoed this sentiment in a Monitor article in January when commenting
on the government’s ongoing ban
of prominent broadcaster Central Broadcasting Services (CBS). She said, “As a
government, we are willing to forget and forgive if the CBS management is
cooperative.”

The
bill, in the context of the ongoing suspension of CBS, a ban on popular debate
programs, and prosecutions of journalists, has many concerned
that with election season about to begin in earnest, further clampdowns and
repressive measures will be taken. In an interview
with The Independent, Masiko
dismissed such concerns. “We are trying to streamline the operations of the
media,” she said.

Many
journalists fear the only thing the government wants to streamline is penalizing
the news media for loosely defined offenses.

Despite the ruling NRM’s party’s 24 years in power, attempts to
rid the country of corruption and patronage have proved largely unsuccessful. Uganda rates
130th out of 179 in Transparency International’s 2009
Corruption Perception Index, a drop of four spots from the previous year.
New laws that curb the media’s ability to scrutinize government irregularities
could erode imperil transparency and accountability.

The proposed amendments seem to be worryingly in line with Freedom
House’s 2009
assessment of Uganda’s
press freedom climate, one in which “the government’s aggressive application of
several repressive laws to control the media has led to widespread
self-censorship.”

Ariel Rubin is a
freelance journalist who recently relocated to New York
City after working in Uganda with The
Independent newsmagazine.

Comments

Excellent article Mr. Rubin. I hope that it is read widely. It is high time that international governments that have turned a blind eye to the repressive, oppressive, and corrupt NRM Regime in Uganda do their part in putting an end to the impunity with which the NRM under the leadership of President Museveni operates. This is a crucial year in the run-up to the elections in Uganda. The truth about this evil regime for which human lives means nothing must be exposed.

James,
Let me be the first to send you a comment. I thank you for this innitiative. The bill certainly has issues and we are doing our best to expose the real intentions behind it. It is going to be very difficult to express dissent through the press in Uganda meaning that the future of freedom in this country is doomed!

We met here in Uganda and you recall that what I told is likely to start unfolding soon.

In the meantime, I need information on how free is the US media! As you may be aware, the government is hiding under the Knational interest,' Knational security,' economic sabbotage' tags to gag the press! Is this same with the free world? Who defines these concepts and according to who?

Uganda must change; this is unbelievable. Governments should not take members of the press as enemies- we are partners in development.
The danger is, other African countries may take the leaf from Uganda and enact draconian laws. It is unacceptable in this era of democracy. It is unheard of.
This strange behaviour must stop. Now.

The move by the Ugandan government to impose restrictions on the countries media is aimed at closing the door to the possibility of public scrutiny of the exploitation and distribution of the country's newly found oil wealth; and any meaningful public debate in the run-up to the forthcoming general elections. In essence, it is laying the ground for undeterred looting and rigging.What a shame!